Question 1

Infringement of a mark occurs when:

Accepted Answer

A)  a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when,an identical mark was used in an unauthorized way. 
D)  a person without authorization uses an identical or substantially similar mark that is likely to cause confusion,to cause mistake,or to deceive. 
A)  a person intends to confuse purchasers by using an identical or substantially indistinguishable mark. 
B)  it is proved that purchasers were actually confused by use of an identical or substantially indistinguishable mark. 
C)  and only when,an identical mark was used in an unauthorized way. 
D)  a person without authorization uses an identical or substantially similar mark that is likely to cause confusion,to cause mistake,or to deceive.

Question 2

The Defend Trade Secrets Act,which became effective in May 2016:

Accepted Answer

A)  provides for criminal penalties for misappropriation of trade secrets. 
B)  preempts state trade secret laws. 
C)  provides for equitable remedies and the award of damages for misappropriation of trade secrets. 
D)  All of these. 
A)  provides for criminal penalties for misappropriation of trade secrets. 
B)  preempts state trade secret laws. 
C)  provides for equitable remedies and the award of damages for misappropriation of trade secrets. 
D)  All of these.

Question 3

The fraudulent marketing of one person's goods as those of another is referred to as:

Accepted Answer

A)  palming off of goods. 
B)  trade secrets. 
C)  fraud. 
D)  a tying arrangement. 
A)  palming off of goods. 
B)  trade secrets. 
C)  fraud. 
D)  a tying arrangement.

Question 4

Congressional legislation implementing the Madrid Protocol:

Accepted Answer

A)  allowed copyright holders to gain international recognition of their copyright. 
B)  allowed U.S.trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C)  gave international trade secret protection. 
D)  simplified the procedure for acquiring international patents. 
A)  allowed copyright holders to gain international recognition of their copyright. 
B)  allowed U.S.trademark owners to file for registration in the many member countries of the Protocol by filing a single application. 
C)  gave international trade secret protection. 
D)  simplified the procedure for acquiring international patents.

Question 5

A design patent:

Accepted Answer

A)  has a duration of 14 years. 
B)  protects the ornamental designs for manufactured products. 
C)  requires a showing of novelty,ornamentality,and nonobviousness. 
D)  All of these. 
A)  has a duration of 14 years. 
B)  protects the ornamental designs for manufactured products. 
C)  requires a showing of novelty,ornamentality,and nonobviousness. 
D)  All of these.

Question 6

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

Accepted Answer

A) True 
 B)False

Question 7

The apple which identifies Apple Computers is an example of a:

Accepted Answer

A)  trademark. 
B)  service mark. 
C)  certification mark. 
D)  collective mark. 
A)  trademark. 
B)  service mark. 
C)  certification mark. 
D)  collective mark.

Question 8

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.Komco may copyright its magazine and television ads.

Accepted Answer

A) True 
 B)False

Question 9

The union mark attached to many goods in the United States is a collective mark.

Accepted Answer

A) True 
 B)False

Question 10

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years,or both.

Accepted Answer

A) True 
 B)False

Question 11

A patent lasts for the same period of time as a copyright.

Accepted Answer

A) True 
 B)False

Question 12

What are some of the remedies available for infringement under the Lanham Act?

Accepted Answer

A)  Injunction 
B)  The impoundment and destruction of infringing articles 
C)  Up to three times actual damages 
D)  All of these. 
A)  Injunction 
B)  The impoundment and destruction of infringing articles 
C)  Up to three times actual damages 
D)  All of these.

Question 13

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 14

Alejandro may quit his job at the KnoTel Corporation and then use information he learned there in his new job at a competing company,unless there was some unfair competition or a trade secret involved.

Accepted Answer

A) True 
 B)False

Question 15

Maryjane has an idea for a novel,complete with characters,plot and an amazing conclusion,but she won't have time to write it until about 6 months from now.She may protect it by means of:

Accepted Answer

A)  patent. 
B)  copyright. 
C)  registration of the idea. 
D)  nothing.An idea that has not yet been developed into a tangible form cannot be protected. 
A)  patent. 
B)  copyright. 
C)  registration of the idea. 
D)  nothing.An idea that has not yet been developed into a tangible form cannot be protected.

Question 16

Federal Flag Company sends in an American flag for registration under the Lanham Act.The registration will be accepted.

Accepted Answer

A) True 
 B)False

Question 17

No copyright protection is available to protect mask works embodied in a semiconductor chip product.

Accepted Answer

A) True 
 B)False

Question 18

A patent last for life,while a copyright ends after 50 years.

Accepted Answer

A) True 
 B)False

Question 19

Under copyright law,the doctrine of works for hire states that:

Accepted Answer

A)  if an employee prepares a work within the scope of her employment,her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work,the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned,it is always considered,for copyright purposes,the work of the employer. 
D)  a person's original creations,if committed to tangible form,are always considered to be authored by the actual creator in the law of copyright. 
A)  if an employee prepares a work within the scope of her employment,her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work,the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned,it is always considered,for copyright purposes,the work of the employer. 
D)  a person's original creations,if committed to tangible form,are always considered to be authored by the actual creator in the law of copyright.

Question 20

Federal protection of a registered trademark is perpetual.

Accepted Answer

A) True 
 B)False

Exam 39: Protection of Intellectual Property

Infringement of a mark occurs when:

The Defend Trade Secrets Act,which became effective in May 2016:

The fraudulent marketing of one person's goods as those of another is referred to as:

Congressional legislation implementing the Madrid Protocol:

A design patent:

A person is a contributory infringer if he knowingly sells or offers to sell a part or component of a patented invention.

The apple which identifies Apple Computers is an example of a:

Komco Computer Company has developed a new and innovative magazine and television ad campaign that it would like to protect from use by its competitors.Komco may copyright its magazine and television ads.

The union mark attached to many goods in the United States is a collective mark.

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years,or both.

A patent lasts for the same period of time as a copyright.

What are some of the remedies available for infringement under the Lanham Act?

Injunctive relief is a common remedy under the Lanham Act.

Alejandro may quit his job at the KnoTel Corporation and then use information he learned there in his new job at a competing company,unless there was some unfair competition or a trade secret involved.

Maryjane has an idea for a novel,complete with characters,plot and an amazing conclusion,but she won't have time to write it until about 6 months from now.She may protect it by means of:

Federal Flag Company sends in an American flag for registration under the Lanham Act.The registration will be accepted.

No copyright protection is available to protect mask works embodied in a semiconductor chip product.

A patent last for life,while a copyright ends after 50 years.

Under copyright law,the doctrine of works for hire states that:

Federal protection of a registered trademark is perpetual.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

A: Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance,breach,and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property,property Insurance,bailments,and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms